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PANHANDLE EASTERN PIPELINE CO. v. STATE OF OKLAHOMA

No. 94-6325.

83 F.3d 1219 (1996)

PANHANDLE EASTERN PIPELINE COMPANY; Northwest Central Pipeline Corporation; ANR Pipeline Company; Natural Gas Pipeline Company of America; Mississippi River Transmission Corporation; KN Energy, Inc.; Public Service Company of Oklahoma; Tennessee Gas Pipeline Company, a division of Tenneco, Inc., Plaintiffs-Appellees, Colorado Interstate Gas Company; Amoco Production Company; Anadarko Production Company; Apache Corporation; CNG Producing Company, Cities Service Oil & Gas Corporation; Cotton Petroleum Corporation; Mobil Oil Corporation; Mustang Production Company; Phillips Petroleum Company; Sohio Petroleum Company; Sun Exploration and Production; Tenneco Oil Company; Texaco, Inc.; Union Oil Company of California; Warren Petroleum Company, a division of Chevron U.S.A., Inc.; Atlantic Richfield Company, Plaintiffs-Intervenors-Appellees, El Paso Natural Gas Company and Arkla, Inc. (now known as Noram Energy Corporation), Plaintiffs, v. STATE OF OKLAHOMA, ex rel., COMMISSIONERS OF the LAND OFFICE; Clifton H. Scott, John M. Folks, Jack D. Craig, Henry Bellmon, Robert S. Kerr, III, Commissioners of the Land Office, Defendants, Oklahoma Mineral Owners Association; Jess Stratton, Jr., Defendants-Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

May 6, 1996.

Attorney(s) appearing for the Case

Allan DeVore of The DeVore Law Firm, Oklahoma City, Oklahoma (Marjorie Ramana, The DeVore Law Firm and Douglas E. Burns, with him on the brief), for Defendants-Intervenors-Appellants.

Donna Nix Blakley of Hill, Estill, Hardwick, Gable, Golden & Nelson, Oklahoma City, Oklahoma (Sharon Taylor Thomas of Hill, Estill, Hardwick, Gable, Golden & Nelson; Teresa B. Adwan and M. Benjamin Singletary of Gable & Gotwals, Tulsa, Oklahoma; Karen L. Pauley and Michael L. Williams of the Colorado Interstate Gas Company, with her on the brief), for Plaintiffs/Appellees.

Clyde A. Muchmore of Crowe & Dunlevy, Oklahoma City, Oklahoma (Mark D. Christiansen and Harvey D. Ellis, Jr., with him on the brief), for Plaintiffs-Intervenors-Appellees.

Before ANDERSON, McKAY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal concerns the constitutionality of an Oklahoma law, Senate Bill 160 ("SB 160"), that amended Oklahoma statutory obligations owed by purchasers and producers of oil and natural gas to owners of royalty interests. SB 160 became effective in 1985 and remained so until July 1, 1993, when it was effectively repealed and replaced by legislation that is not challenged by these parties. The district court, exercising jurisdiction under 28 U...

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